These terms and conditions (“Terms and Conditions”) govern your use of www.cmdgroup.com, cmdgroup.com, CMDConnect.com, SmartProjectNews.com, MeansCostworks.com, RSMeans.com, and CMDPSP.com, respectively (collectively, this “Site”), which are provided by CMD Group (“CMD” or “we”). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. We may modify these Terms and Conditions prospectively from time to time, by posting changes on this Site. By using this Site following any such changes to these Terms and Conditions, you agree to be bound by those changes.
You may be able to participate in forums or moderated discussions, or post comments on a blog or bulletin board, on this Site (collectively, “Forums”).
If you participate in a Forum, you are solely responsible for any information or materials that you submit. You acknowledge that if you disclose personal information (e.g., your name, email address or telephone number) on a Forum, such information may be viewed, collected or used by other users of this Site and may result in unsolicited online and offline communications from such persons.
We have the right to monitor any content on this Site, including on any Forums, but we have no obligation to do so. We reserve the right to refuse to post, remove or modify any information or materials on this Site, including Your Materials (as defined below) in our sole discretion.
We do not endorse any opinions expressed by bloggers or users of this Site. Any content placed on any Forums, whether by bloggers or users, represents the views of the person who provided such content and not necessarily those of CMD.
If you post, upload or otherwise provide any information or materials (“Your Materials”) to this Site, including through any Forums, you:
- Represent, warrant and agree that Your Materials:
- are original to you, and no other party has any rights to them;
- Are not threatening, harassing, profane, tortious, defamatory, vulgar, obscene, deceptive, fraudulent, invasive of another's privacy or publicity rights, or infringing of any intellectual property right;
- do not violate any laws, regulations or securities exchange requirements;
- do not contain a virus, worm or other harmful component; and
- do not contain any advertising.
- Grant CMD and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, nonexclusive, sub-licensable and freely transferable right and license, for all formats and media, whether now known or hereafter devised or discovered, to use, reproduce, modify, edit, adapt, publish, translate, create derivative works of, distribute, perform, publish and display (in each case, in whole or in part) Your Materials, including without limitation any ideas, concepts, methods, systems, designs, plans, techniques or other similar information included therein, and/or to incorporate them in other works; and
- Acknowledge that Your Materials will not be treated as confidential or proprietary.
You agree to indemnify, defend and hold harmless CMD and its affiliates, and the directors, officers, employees and agents of the foregoing, from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from or relating to Your Materials or your use of this Site.
You may not:
- Use this Site in an unlawful manner or to promote unlawful conduct or in a manner likely to give rise to civil liability;
- Impersonate, or misrepresent your affiliation with, any other person or entity;
- Engage in spamming or “flooding”;
- “Scrape” or use any other automated means to extract data or other information from this Site;
- Frame this Site; or
- Attempt to gain unauthorized access to other computer systems through this Site.
Without limitation of our other rights and remedies hereunder, we reserve the right to suspend or terminate your use of this Site at any time in our sole discretion.
This Site provides additional resources to users who register to become a member of our online community. You may only access these portions of the Site if all the information you provide during the registration process is correct and kept updated. You may not use any other person or entity’s user name, password or account number, and you are responsible for keeping your user name, password and account number confidential.
As between you and CMD, CMD (or its affiliates, licensors, advertisers or vendors) is the owner of this Site and any trademark, service mark, content or other materials thereon, unless otherwise indicated. Any commercial use of this Site is strictly prohibited, except as may be expressly provided herein or to the extent that we otherwise approve. You may not download or save a copy of any of the content or screens for any purpose, except as otherwise provided in these Terms and Conditions. You may, however, print one copy of the information on this Site solely for your personal use or records. If you make other use of this Site, except as permitted herein, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, copyrighted material or any other intellectual property, by including them on this Site.
You acknowledge that we have no responsibility for information or materials provided by third party web sites to which you may link from this Site (“Linked Sites”). Such links are provided as a convenience to you and do not constitute an endorsement by, or imply any association with, CMD of such sites or the content, products, services, advertising or other materials presented on such sites. CMD does not author, edit, or monitor Linked Sites. You agree that CMD is not responsible or liable, directly or indirectly, for any damage or loss in connection with use of any Linked Sites.
We respect the intellectual property rights of others and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the “Copyright Agent” named below:
- your address, telephone number and email address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO INFORMATION, DATA OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR COMPLETENESS OF ANY CONTENT, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CMD DOES NOT WARRANT THAT THE SITE, INCLUDING, WITHOUT LIMITATION, THE FUNCTIONS, FEATURES, SERVICES OR CONTENT AVAILABLE THEREON, WILL MEET YOUR REQUIREMENTS OR BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL CMD OR ITS AFFILIATES, OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT OR SERVICE PROVIDERS OF THE FOREGOING, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR SALES, EVEN IF CMD OR SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN PERSONS. IN NO EVENT SHALL CMD BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF CMD OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO CMD FOR YOUR ACCESS TO OR USE OF THIS SITE.
These Terms and Conditions and the relationship between you and CMD shall be governed by the laws of the State of New York in the United States of America, without regard to its conflict of law provisions. You and CMD each agree to submit to the personal and exclusive jurisdiction of the courts located in the State and County of New York in the United States of America with respect to any cause of action that may arise in connection with this Site or these Terms and Conditions. The failure by you or CMD to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the remaining provisions hereof shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
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